State v. Head

338 S.E.2d 908, 79 N.C. App. 1, 1986 N.C. App. LEXIS 1991
CourtCourt of Appeals of North Carolina
DecidedFebruary 4, 1986
DocketNo. 8522SC761
StatusPublished
Cited by6 cases

This text of 338 S.E.2d 908 (State v. Head) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Head, 338 S.E.2d 908, 79 N.C. App. 1, 1986 N.C. App. LEXIS 1991 (N.C. Ct. App. 1986).

Opinion

WELLS, Judge.

I.

In his first assignment of error, defendant contends that the trial court erred in denying defendant’s motion to dismiss for insufficient evidence. The evidentiary principles governing motions to dismiss are set out at length in State v. Earnhardt, 307 N.C. 62, 296 S.E. 2d 649 (1982). Briefly summarized, they are that the evidence must be considered in the light most favorable to the State, with the benefit of all permissible favorable inferences. If the trial judge finds substantial evidence, regardless of weight, of each essential element of the crime, and that defendant committed it, the motion should be denied.

“Substantial evidence” may be defined as “any evidence tending to prove the fact in issue, or which reasonably conduces to its conclusion as a fairly logical and legitimate deduction, and not [9]*9merely such as raises a suspicion or conjecture in regard to it . . . Id. The court is to consider all of the evidence actually admitted, whether competent or incompetent, which is favorable to the State. Id. Though all the evidence against defendant be circumstantial, that fact alone should not bar submission of the case to the jury. The test of the sufficiency of the evidence to withstand the motion to dismiss is the same whether the evidence is direct, circumstantial or both. State v. Bullard, 312 N.C. 129, 322 S.E. 2d 370 (1984). If the evidence presented is circumstantial, the question for the court is whether a reasonable inference of defendant’s guilt may be drawn from the circumstances. If so, it is for the jury to decide whether the facts, taken singly or in combination, satisfy them beyond a reasonable doubt that the defendant is actually guilty. State v. Thomas, 296 N.C. 236, 250 S.E. 2d 204 (1978).

Second degree murder is the unlawful killing of a human being with malice, but without premeditation and deliberation. State v. Hutchins, 303 N.C. 321, 279 S.E. 2d 788 (1981). In homicide cases, as in all criminal cases, the State must show that a crime was committed and that defendant committed it. State v. Earnhardt, supra. The evidence that a crime was committed is often referred to as the corpus delicti, meaning literally “the body of the transgression charged.” State v. Dawson, 278 N.C. 351, 180 S.E. 2d 140 (1971). The death, the felonious cause of death and the identification of an accused as the person who caused the death can all be shown by circumstances from which these facts might reasonably be inferred. See State v. Edwards, 224 N.C. 577, 31 S.E. 2d 762 (1944). If the evidence is only circumstantial, it should be “so strong and cogent that there can be no doubt of the death.” State v. Dawson, supra.

Dianne Gabriel’s body was never found; therefore, the corpus delicti in this case must be shown by two logical steps. First, Dianne Gabriel must be shown to be dead; second, her death must be shown to be a result of a criminal agency.

A.

Defendant contends that despite the evidence brought out at trial, the State has not met its burden of establishing corpus delicti. To support this assertion, defendant cites Lord Chief Justice Hale who in turn cites Lord Coke for a case in which a [10]*10man was executed for the murder of his niece, who had disappeared. The niece had only run away and later returned to claim her property. Defendant also cites a case from 1661 in which a man was executed for killing a rent collector, who later turned up alive. In both these cases a strong reason for the “victims’ ” disappearances was suggested by the facts: The niece had run away to escape beatings by her uncle; the rent collector had absconded with the collected rents. There was no such apparent motive for Dianne Gabriel to disappear. To the contrary, there was much evidence tending to show strong motives on her part to continue enjoying the life she had been leading. Dianne Gabriel’s life was not lived in the seventeenth and eighteenth centuries:

In . . . Hale’s day, a person might disappear beyond all possibility of communication by going overseas or by embarking in a ship. It would have been most dangerous to infer death merely from his disappearance. Worldwide communication and travel today are so facile that a jury may properly take into account the unlikelihood that an absent person, in view of his health, habits, disposition, and personal relationships would voluntarily flee, “go underground,” and remain out of touch with family and friends. The unlikelihood of such a voluntary disappearance is circumstantial evidence entitled to weight equal to that of bloodstains and concealment of evidence.

Epperly v. Com., 224 Va. 214, 294 S.E. 2d 882 (1982). We concur in the force of this logic.

That Dianne Gabriel would voluntarily disappear is so unlikely as to remove any doubt of its occurrence. There was nothing missing from her home, such as clothing or a suitcase. All the clothing she had been wearing when last seen, except a sweater or blouse, was found at the McCrary Creek Access Area. The last transactions on the joint bank account with her husband were a credit card payment in excess of $800 and a deposit in excess of $1,800, both dated 18 July. No further transactions on that account were recorded by the bank. Ms. Gabriel was shown to be a happy person, in good physical and mental condition. Her work habits were described as “very conscientious.” Her employer described her as “as hard-working ... as anybody I ever had.” She had several closings expected that week, she made plans to [11]*11get back in touch with the Heltons and she had made tentative plans, as written in her notebook, to host an “Open House” for both the Heltons and “McCorkle” for 24 July.

Though Donald and Dianne Gabriel had separated for six or seven months half a year before Ms. Gabriel’s disappearance, they had since reconciled. There was no evidence of continuing acrimony or ill feelings in the relationship. During the separation, it was Donald Gabriel who left the home. Dianne Gabriel had never disappeared or left home for any length of time previous to 18 July 1983. A police survey of thirteen hospitals and mental health centers failed to turn up any patients matching Ms. Gabriel’s name or description. Moreover, there was no evidence that she was alive at the time of trial, a full nineteen months after her disappearance.

The foregoing evidence was clearly sufficient to establish the death of Dianne Gabriel.

B.

The State’s evidence was sufficient to allow the reasonable inference that the cause of Ms. Gabriel’s death was a criminal agency. There was no body or other physical remains found; this negates the inference that Dianne Gabriel died from suicide or natural causes. Had she died by accident, the presence of most of her clothing in the McCrary Creek Access Area would admit of no explanation.

Further evidence of criminal agency is found by Agent Ben-dure’s testimony that the circular pieces of duct tape fit together where they had been cut once to form ankle-size loops for binding. That this exercise is logically consistent is shown by the presence on the duct tape of pieces of hosiery material and fibers from Ms. Gabriel’s canvas shoes and polyester slacks. Both the slacks and the pair of underwear were cut and then torn or cut further to lay the fabric back totally. On the length of nylon rope was found a hair microscopically consistent with the hair of Dianne Gabriel.

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Bluebook (online)
338 S.E.2d 908, 79 N.C. App. 1, 1986 N.C. App. LEXIS 1991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-head-ncctapp-1986.